Not resigning as CM is Kejriwal's personal choice, but children cannot suffer because of it: Delhi HC
Not resigning as CM is Kejriwal’s personal choice, but children cannot suffer because of it: Delhi HC
Choosing not to resign from the post of Chief Minister (CM) is Arvind Kejriwal’s personal choice, however his non-availability cannot result in the fundamental rights of young children being trampled upon, the Delhi High Court observed on April 29.
The observation was made by the court after the Municipal Corporation of Delhi (MCD) said that they were not able to take key decisions because Kejriwal is currently lodged in Tihar jail.
A plea has been filed by an organisation called Social Jurist, highlighting that over 2.5 lakh students studying in schools run by the Delhi government are being deprived of benefits like uniform, writing material, text book, stationery items, school bags, scholarship.
The plea contended that these benefits should be made available to them under the Right of Children to Free and Compulsory Education Act, 2009 (‘RTE Act’).
The MCD admitted that the schoolchildren have indeed been deprived and added that its standing committee, which has the powers to decide on the the finances of the body is yet to be constituted owing to the ongoing dispute in the Supreme Court over the control of administrative services.
Furthermore, even if the power of finance is to be delegated to the MCD Commissioner, it would require the CM’s approval. Since the chief minister has been in custody since March 21, the requisite approval could not be obtained. The above information was presented before the court on instructions from Saurabh Bharadwaj, Delhi’s urban development minister.
The court however frowned upon this statement and said, “It amounts to an admission that the Delhi Government, due to absence of the Chief Minister is at a standstill.”
Noting that a CM’s post in the national capital is not ceremonial, the court said that the post requires the person holding the office to be available 24×7 to deal with any crisis or natural disaster like flooding, fire, disease etc. “National interest and public interest demands that no person who holds this post is incommunicado or absent for a long stretch of time or for an uncertain period time,” the court said.
The bench led by acting chief justice Manmohan further noted that activities such as giving text books to students and upgrading infrastructure in schools do not fall under the Model Code of Conduct (MCC). “Issuance of free text books, writing material and uniform as well as replacement of broken chairs and tables in accordance with the existing policies in the MCD schools is an urgent and immediate decision which brooks no delay and which is not prohibited during the model code of conduct,” the order said.
The judgment noted that non-availability of a CM or non-delivery of a judgment or non-formation of the standing committee at the MCD is not an excuse for violating the provisions of law.
The court concluded directing the Commissioner of MCD to “incur the expenditure required for fulfilling the said obligations forthwith
without being constrained by the expenditure limit of Rs 5 crores”. The expenditure will however be subject to statutory audit.